December 15, 2025

Elder Law in Arkansas: What You and Your Family Need to Know

Article Summary:

Learn how elder law works in Arkansas, including guardianships, Medicaid planning, long-term care, and special needs trusts. Guidance from RMP Law.

Legal Topics

EMPLOYMENT LAW UPDATE: FEDERAL TRADE COMMISSION ELIMINATES NON-COMPETE CLAUSES

On Tuesday, the Federal Trade Commission issued a new Rule putting an end to employment-related non-compete clauses. In its justification for the rule, the FTC called non-compete clauses “an unfair method of competition” and stated it is a “violation for [employers] to… enter into non-compete clauses (“non-competes”) with workers.” In today’s very competitive labor market, the new FTC Rule creates a significant disruption for employers.

WHEN IS THE FTC ELIMINATION OF NON-COMPETE CLAUSES SET TO TAKE EFFECT?

This new FTC provision—set to take effect in 120 days—renders existing non-compete agreements unenforceable. Existing non-compete agreements with senior executives will remain enforceable, although employers cannot require newly hired senior executives to sign such an agreement.

WHAT REQUIREMENTS HAS THE FTC IMPOSED ON EMPLOYERS BY ELIMINATING NON-COMPETE CLAUSES?

After the Rule takes effect, employers are required to deliver personal notice to employees (past and present) who signed a non-compete agreement informing them agreements are no longer enforceable. In the notice, employers must inform employees they are free to accept any job or start any business, even if it is directly competitive with the employer.

IS THE FTC’S ELIMINATION OF THE NON-COMPETE CLAUSES OPTIONAL FOR EMPLOYERS?

Compliance with the FTC Rule is not optional. Employers should consider new ways they can protect against a former employee gaining a competitive advantage by using the employer- provided training, the relationships made possible by the employer, or the confidential information learned from the employer. RMP can assist you in navigating this disruption and can provide advice on how to most effectively protect your vital business interests going forward.

RMP: Your Employment Law Attorneys

RMP Attorneys At Law has an experienced Employment Law Attorney team dedicated to helping you navigate these changes. If you have any questions or would like guidance, reach out to one of our employment attorneys, Tim Hutchinson, Seth Haines, Larry McCredy, or Taylor Baltz or call  479.443.2705.

Families across Arkansas face difficult decisions as parents and loved ones age. Elder law covers the legal tools that help protect assets, guide medical decisions, and support long-term care planning. This guide explains what elder law attorneys do and when Arkansas families should seek legal advice.


Clear planning can prevent uncertainty during stressful moments and reduce the chance of family conflict.

Arkansas law creates specific rules for adult guardianships, long-term care decisions, and Medicaid eligibility. Small mistakes in paperwork or timing can affect whether a parent qualifies for benefits or whether someone can step in to help with finances or medical decisions. This overview breaks down your options in practical terms.

Mom with daughter and son with special needs outdoors. Mom is crouching close to son's wheelchair and daughter is blowing bubbles.

What Elder Law Covers in Arkansas

Elder law focuses on the legal needs of older adults, including:

  • Planning for long-term care and nursing home costs.
  • Protecting assets from being exhausted by medical expenses.
  • Establishing powers of attorney for finances and healthcare.
  • Creating or updating wills and trusts.
  • Setting up guardianship (a court order allowing someone to make decisions for an adult who cannot do so).
  • Planning for loved ones with disabilities through special needs trusts.

Tip: Elder law is not only for seniors. Many families plan early to avoid crises later.

Guardianship in Arkansas (and What It Means)

Guardianship gives a trusted person legal authority to make decisions for an adult who can no longer manage their own finances, healthcare, or daily needs.

Under Arkansas law, a court must find that:

  • The person is unable to make decisions or manage their affairs.
  • A guardian is necessary to protect their well-being.

The guardian may be responsible for:

  • medical decisions,
  • financial management,
  • and housing and care arrangements.


A guardianship is a court-approved way to help someone who can’t safely manage their own life anymore.

Why it matters: Guardianship can prevent financial abuse, unpaid bills, unsafe living conditions, and medical risk.

Special Needs Planning for Adults and Children

Families often need to protect benefits for a loved one with a disability. A special needs trust allows someone to receive financial support without losing eligibility for programs such as Medicaid or SSI (a federal disability income program).

In Arkansas, a special needs trust may be used to:

  • Provide supplemental care and support.
  • Protect assets for a disabled adult child.
  • Receive an inheritance without affecting public benefits.
  • Hold settlement or insurance funds safely.

Tip: These trusts must follow specific federal and Arkansas requirements to remain valid.

Medicaid Planning and Spend-Down Rules in Arkansas

Long-term care is expensive, and many Arkansas families rely on Medicaid to help pay for nursing home care.
But eligibility rules are strict.

A spend-down refers to the process of reducing countable assets so a person can qualify for Medicaid. Improper transfers can trigger penalty periods (times when Medicaid won’t pay).

Arkansas Medicaid rules consider:

  • The applicant’s assets and income.
  • Transfers of property made within the five-year “look-back period”.
  • Whether a spouse still living at home needs protections.


A spend-down is the controlled way to reduce assets legally so someone can qualify for Medicaid without creating penalties.

Why it matters: A mistake in timing or documentation can delay Medicaid coverage for months.


Contact RMP Law Today

Main RMP Number: 479-443-2705

Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000

Message Us


Nursing Home and Long-Term Care Planning

Many families contact an elder law attorney after a medical event forces sudden decisions. Planning earlier provides:

  • More control over where someone receives care.
  • Better protection of the home or family assets.
  • Time to set up powers of attorney.
  • Time to avoid disqualifying Medicaid transfers.

Tip: Arkansas allows certain exemptions that protect a spouse who stays in the home.

Key Elder Law Documents Every Arkansas Family Should Consider in 2026

1. Durable Power of Attorney

Allows someone you trust to handle finances if you become unable to do so.
(“Durable” means it remains valid even if you become incapacitated.)

2. Health Care Power of Attorney

Names someone to make medical decisions if you cannot.

3. Living Will

States your wishes about end-of-life care.

4. Last Will and Testament

Controls who inherits your assets under Arkansas law.

5. Trusts

May help avoid probate, protect minors, or support loved ones with disabilities.Why it matters: Having these documents in place avoids court involvement and gives families clear direction.

When Arkansas Families Should Talk to an Elder Law Attorney

You may want to speak with an attorney if:

  • A loved one is beginning to struggle with financial or medical decisions.
  • You are concerned about nursing home costs.
  • Someone may soon need Medicaid.
  • You care for a disabled adult child.
  • You want to avoid family conflict about care or finances.
  • You need to update older estate planning documents.

RMP Law helps families in Springdale, Bentonville, Jonesboro, Little Rock and surrounding communities navigate guardianships, special needs planning, long-term care issues, and Medicaid eligibility.

Checklist: What to Bring to an Elder Law Consultation

  • A list of assets, income, and property
  • Any medical or cognitive diagnoses (if available)
  • Existing wills, powers of attorney, or trusts
  • Questions about Medicaid, long-term care, or guardianship
  • Family members involved in decision-making

Tip: You don’t need everything organized before meeting with a lawyer. The goal is to understand the options.

Local Resources 

Contact RMP Law

Elder law planning can feel overwhelming, but families do not have to navigate these decisions alone. RMP Law provides clear, practical guidance to help protect loved ones and prepare for the future. Contact RMP today!


Contact RMP Law Today

Main RMP Number: 479-443-2705

Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000

Message Us



RMP Business Law Attorney Arkansas

Families across Arkansas face difficult decisions as parents and loved ones age. Elder law covers the legal tools that help protect assets, guide medical decisions, and support long-term care planning. This guide explains what elder law attorneys do and when Arkansas families should seek legal advice.


Clear planning can prevent uncertainty during stressful moments and reduce the chance of family conflict.

Arkansas law creates specific rules for adult guardianships, long-term care decisions, and Medicaid eligibility. Small mistakes in paperwork or timing can affect whether a parent qualifies for benefits or whether someone can step in to help with finances or medical decisions. This overview breaks down your options in practical terms.

Mom with daughter and son with special needs outdoors. Mom is crouching close to son's wheelchair and daughter is blowing bubbles.

What Elder Law Covers in Arkansas

Elder law focuses on the legal needs of older adults, including:

  • Planning for long-term care and nursing home costs.
  • Protecting assets from being exhausted by medical expenses.
  • Establishing powers of attorney for finances and healthcare.
  • Creating or updating wills and trusts.
  • Setting up guardianship (a court order allowing someone to make decisions for an adult who cannot do so).
  • Planning for loved ones with disabilities through special needs trusts.

Tip: Elder law is not only for seniors. Many families plan early to avoid crises later.

Guardianship in Arkansas (and What It Means)

Guardianship gives a trusted person legal authority to make decisions for an adult who can no longer manage their own finances, healthcare, or daily needs.

Under Arkansas law, a court must find that:

  • The person is unable to make decisions or manage their affairs.
  • A guardian is necessary to protect their well-being.

The guardian may be responsible for:

  • medical decisions,
  • financial management,
  • and housing and care arrangements.


A guardianship is a court-approved way to help someone who can’t safely manage their own life anymore.

Why it matters: Guardianship can prevent financial abuse, unpaid bills, unsafe living conditions, and medical risk.

Special Needs Planning for Adults and Children

Families often need to protect benefits for a loved one with a disability. A special needs trust allows someone to receive financial support without losing eligibility for programs such as Medicaid or SSI (a federal disability income program).

In Arkansas, a special needs trust may be used to:

  • Provide supplemental care and support.
  • Protect assets for a disabled adult child.
  • Receive an inheritance without affecting public benefits.
  • Hold settlement or insurance funds safely.

Tip: These trusts must follow specific federal and Arkansas requirements to remain valid.

Medicaid Planning and Spend-Down Rules in Arkansas

Long-term care is expensive, and many Arkansas families rely on Medicaid to help pay for nursing home care.
But eligibility rules are strict.

A spend-down refers to the process of reducing countable assets so a person can qualify for Medicaid. Improper transfers can trigger penalty periods (times when Medicaid won’t pay).

Arkansas Medicaid rules consider:

  • The applicant’s assets and income.
  • Transfers of property made within the five-year “look-back period”.
  • Whether a spouse still living at home needs protections.


A spend-down is the controlled way to reduce assets legally so someone can qualify for Medicaid without creating penalties.

Why it matters: A mistake in timing or documentation can delay Medicaid coverage for months.


Contact RMP Law Today

Main RMP Number: 479-443-2705

Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000

Message Us


Nursing Home and Long-Term Care Planning

Many families contact an elder law attorney after a medical event forces sudden decisions. Planning earlier provides:

  • More control over where someone receives care.
  • Better protection of the home or family assets.
  • Time to set up powers of attorney.
  • Time to avoid disqualifying Medicaid transfers.

Tip: Arkansas allows certain exemptions that protect a spouse who stays in the home.

Key Elder Law Documents Every Arkansas Family Should Consider in 2026

1. Durable Power of Attorney

Allows someone you trust to handle finances if you become unable to do so.
(“Durable” means it remains valid even if you become incapacitated.)

2. Health Care Power of Attorney

Names someone to make medical decisions if you cannot.

3. Living Will

States your wishes about end-of-life care.

4. Last Will and Testament

Controls who inherits your assets under Arkansas law.

5. Trusts

May help avoid probate, protect minors, or support loved ones with disabilities.Why it matters: Having these documents in place avoids court involvement and gives families clear direction.

When Arkansas Families Should Talk to an Elder Law Attorney

You may want to speak with an attorney if:

  • A loved one is beginning to struggle with financial or medical decisions.
  • You are concerned about nursing home costs.
  • Someone may soon need Medicaid.
  • You care for a disabled adult child.
  • You want to avoid family conflict about care or finances.
  • You need to update older estate planning documents.

RMP Law helps families in Springdale, Bentonville, Jonesboro, Little Rock and surrounding communities navigate guardianships, special needs planning, long-term care issues, and Medicaid eligibility.

Checklist: What to Bring to an Elder Law Consultation

  • A list of assets, income, and property
  • Any medical or cognitive diagnoses (if available)
  • Existing wills, powers of attorney, or trusts
  • Questions about Medicaid, long-term care, or guardianship
  • Family members involved in decision-making

Tip: You don’t need everything organized before meeting with a lawyer. The goal is to understand the options.

Local Resources 

Contact RMP Law

Elder law planning can feel overwhelming, but families do not have to navigate these decisions alone. RMP Law provides clear, practical guidance to help protect loved ones and prepare for the future. Contact RMP today!


Contact RMP Law Today

Main RMP Number: 479-443-2705

Bentonville – 479-553-9800
Jonesboro – 870-394-5200
Little Rock – 501-954-9000

Message Us



RMP Business Law Attorney Arkansas

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Jonesboro, AR 72401

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Little Rock, AR 72223

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